Registering or Buying an SBR

[bigsapper]

First of all, there is no such thing as an SBR lower. A short barreled RIFLE has to be a rifle with a short barrel.

Actually...

I currently have an SBR lower on a Form 4 in progress (certified 7/19/2022). My FFL's ATF Industry Operations Investigator (IOI) actually told him (in writing) to do the transfer on a Form 4.

I bought it from Arms Unlimited.

[Todd.K]

What is the barrel length of your “SBR” lower?

And I have several stripped lowers that I bought many years ago that transferred to me as rifles.

[bigsapper]

11.5"

I think AU is just separating 6933s.

[markm]

11.5"

I think AU is just separating 6933s.

No question. There's a whole different psychology when buying Colt pieces. People expect a sane price on a complete gun. But uppers/lowers/BCSs separate? People will pay WAY more.

[Todd.K]

26 U.S. Code § 5845 - Definitions

(a) Firearm
The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; ….


Is your receiver an SBR?

The law clearly says “having a barrel…” and not “having been registered”.

[bigsapper]

26 U.S. Code § 5845 - Definitions

(a) Firearm
The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; ….


Is your receiver an SBR?

The law clearly says “having a barrel…” and not “having been registered”.

It's a complete lower receiver (Colt Commando) that will be transferred to me on a Form 4.

[Todd.K]

Then it should transfer as “other, frame or receiver” on a 4473, because it is not a rifle it cannot be an SBR.

[markm]

Then it should transfer as “other, frame or receiver” on a 4473, because it is not a rifle it cannot be an SBR.

There's some truth to that for sure. It gets sticky though if, for example, the dealer or any owner removes the upper and sells the lower as a Title 1. Then suppose an uniformed buyer just put an 11.5 on it can got "caught" with it. At a glance, it would appear that the seller illegally transferred and NFA item.

Apparently from the ATF's perspective, this is an actual SBR with an 11.5" barrel.

[prepare]

Don't forget a trigger is a machine-gun according to the atf.

[DwayneZ]

26 U.S. Code § 5845 - Definitions

(a) Firearm
The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; ….


Is your receiver an SBR?

The law clearly says “having a barrel…” and not “having been registered”.

It's a complete lower receiver (Colt Commando) that will be transferred to me on a Form 4.

Todd, hear me out. I think you are misreading things.
That USC defines types of firearms, it's their characteristics that put them into the diffent categories (shotgun, rifle, etc).

A "firearm" must have three components to be a firearm, frame/receiver, action, barrel.

The Govt circled the frame/receiver as the item that is "controlled", gets the markings, and defines what the firearm is. It's why you cannot swap out a 16" barreled rfile with a 14" barrel w/o needing paperwork. If you hold just a 14" AR upper, it's nothing, it's just some parts.

An SBR lower is an SBR lower regardless of what state you are in. Putting a 16 inch barreled upper on it doesn't make it a non-SBR lower or non-NFA item. The lower is still NFA and is still under all NFA Interstate travel regulations.

The lower is how the item is classified. So perhaps one does not need stamp amend, but putting 16" on a stamped SBR, does not make it a non-SBR. That said, the lower (frame/receiver) is what defines the item, not the actual barrel length.


Note: after some more digging I see why stamp amend is sometimes easier. If you have an SBR and have a 20" on it, if ATF comes and inspects it and you cannot show (configure back) to what the stamp says, that's a violation. If you amend stamp to have say 10" and 20", if you have the 20" on it and it gets inspected w/o 10" around, no issue. 10" or 20", it's still SBR NFA item at all times.